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(영문) 서울서부지방법원 2018.08.28 2018고단635

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 29, 2017, around 12:20 on December 29, 2017, the Defendant suffered bodily injury, such as internal autopsy, etc. requiring medical treatment for about 14 days, when the victim E (46) who is the birth village of the Defendant’s female-friendly district, and the victim E (46) who is the birth village of the Defendant’s female-friendly district, was in dispute with the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. While new sentencing guidelines have been formulated with respect to special injury as indicated in the reasons for sentencing in Articles 53 and 55(1)3 of the Criminal Act, the sentencing guidelines are applied only to cases prosecuted after August 15, 2018, and do not apply to this case.

Even before the instant case, the Defendant committed the same violent crime and has been punished six times (three times of suspended execution and three times of fine) prior to the instant case, and the case is among which the Defendant inflicted an injury upon the victim by taking advantage of the victim’s private degree F.

Nevertheless, the Defendant committed the instant crime at another time.

The victims of the instant case did not completely recover from damage.

Rather, the victim, who did not speak with one another, forced the victim to find out the new wall in the middle or house of the victim, and report it to 112. The victim, who did not speak with one another, has been subject to strict punishment.

A favorable normal defendant has a disability on the right side of a bridge due to the paralysis, and it can be sufficiently anticipated that such defendant has difficulty in living in water.

All of his mistakes are recognized, and they are against them.

The defendant's age, sex, family relationship, living environment, means and results of crime, etc. are conditions for sentencing.